Boyfriend/home issues

[PinkKitten]

What is the name of your state?New York

I have been living with my boyfriend for about two months now and he has decided as of today he no longer wants me to be here.I am not on the title,only he is and I do not have any bills in my name.I do have my daughter here with me whom is registered and attending school about two minutes away,I get my mail here...including paychecks with my new address on them and I have a bank account with this address on it.Do I have to move out?I really don't want to be uprooted or go tell my daughter that she is being kicked out of her home.

A couple hours ago I received a call from a restricted number saying it was the state/local police and that though the three other stations I have called say I have right to stay until evicted they are wrong and I must leave.I was also told by the other police stations he would have to go through an eviction process which the state trooper and icky boyfriend say is wrong.This could be a bluff since the phone didn't show police when the call came through but I am still scared and would really like some advice.Please help

 

[Who's Liable?]

The next time the restricted number calls ask for the officers name and badge number along with the phone number where they can be reached at.

 

[PinkKitten]

Well he showed up with an

officer and it turns out he really did have one on the phone earlier.It was 11pm he had them wake my daughter up and remove her from her bed and me brought out in handcuffs.The neighbors watched as I was put into the back of a patrol car and held till it was time to leave.Another car showed up and I spoke with the officer who came and sat next to me,asking me questions to make small talk and have things go more I guess smoothly.I ws told I could have a couple days to move my stuff out and that's that.I don't think I have any rights so I guess we no longer have a home...such is life

 

[HomeGuru]

officer and it turns out he really did have one on the phone earlier.It was 11pm he had them wake my daughter up and remove her from her bed and me brought out in handcuffs.The neighbors watched as I was put into the back of a patrol car and held till it was time to leave.Another car showed up and I spoke with the officer who came and sat next to me,asking me questions to make small talk and have things go more I guess smoothly.I ws told I could have a couple days to move my stuff out and that's that.I don't think I have any rights so I guess we no longer have a home...such is life

**A: something does not sound right and like the complete story was told.
He needs a court order to evict you and if everything actually happened as you say with no trouble from you, the cops were wrong.

 

[PinkKitten]

That gives some hope

but I tell you...wish I didn't have to that I was put in the back of a trooper car and almost arrested.Wouldn't the troopers know the law or would they just go by what he say's?I have no money for a lawyer,if anyone knows of a low cost alternative please let me know.

 

[HomeGuru]

but I tell you...wish I didn't have to that I was put in the back of a trooper car and almost arrested.Wouldn't the troopers know the law or would they just go by what he say's?I have no money for a lawyer,if anyone knows of a low cost alternative please let me know.

**A: we have no idea what he said but it must have been something to do with criminal activity because you would not be "almost arrested" for being a tenant on the property.

 

[PinkKitten]

I think

he told them he went to cicil court and they said he could kick me out.Cops ot ebing lawyers probably took his word on it.We are both well spoken suburban people with no criminal past or anything of that nature who dealt with police who probably don't see a lot of this sort of thing.Am I a tenant if I have no bills in my name or any name on the lease.Do I have rights to stay in my home or is it all just up to him?

 

[Fat Tony]

In Ohio, if you made that home your residence, regardless of whether or not you were on the lease/deed, paid bills, even had mail sent there, then the property owner would have to do an FE&D (eviction) to get you out. Im going to assume that NY is the same, its a pretty simple problem with a universal solution. Again, why would the police threaten to arrest you? What was the charge? I'd get on the phone with the NY State Police and work your way right up the ladder until you get your answer. They could have asked you to leave (if you and your BF weren't getting along) and kind of coerced you into it, but they had no right to force you out without a eviction. Hindsight is 20/20, but you should have called the local police at the time, and told them you were being illegaly forced to leave your home. Unless of course, theres something you're not telling us.

 

[PinkKitten]

Ok,here's the wordier version

well we live in a suburb where we have Saratoga ocunty sheriffs which I think we have a few of and then we have the state trooper place.When I got the call the guy on the phone said "Clifton Park/Sate Trooper".I don't think we have local police just county and state.I did call a few other cities who have said he needs to evict me,the trooper disagreed with this.I told him if he wanted me gone he would have to arrest me,that this was my home and my daughters home and I wasn't going to just leave.He said are you going to cooperate and I said no,I am not leaving my home which is when he put the cuffs on me and took me out,putting me in the back of the car.He tried to tell me to just leave peacefully,it'll go easier,you don't want to get arrested.I told him I was standing my ground and not leaving my home willingly.He called for backup I got to talking with one of the assisting officers who asked about my daughter and school.I told him she attends school two minutes away,I don't understand how we have no right to stay and can just be kicked out without warning.He left the car and talked things over with my now ex and they said I could have till Friday to get out.2 days notice is unfair and seems wrong.We moved here from a city a 20 minute drive away,I enrolled my little girl into school and now we have a life here.

I called legal aid but have not heard back yet.

As far as taking this matter to the top,what do you mean?Who would I be able to get in touch with that might know the situation and be able to assist?

 

[seniorjudge]

Ask the cops what criminal charge they lodged against you.

Post back with the statute number.

 

[PinkKitten]

Mess...

he turned off my cell phone...he had me added for the family plan ironically so I am stuck here with no phone,though I am supposed to get someone to help me move,since he also took the plates off of my car(it's in his name)...great guy...anyhow...I think the cop said it was trespassing,resisting arrest.There are plenty of homemaker women who don't pay bills or have their name on the lease,does this mean they may one day if their husband/boyfriend gets angry be trespassing too?

 

[seniorjudge]

I think the cop said it was trespassing,resisting arrest.

Even if the trespassing was a false charge, you can still be arrested for resisting arrest.

 

[PinkKitten]

False charge?How would I know if it was a false charge.I was told I had to leave.Told I didn't have to by other police stations.

 

[PinkKitten]

Still no word

from legal aid,though the woman I spoke with was hopeful for our situation,and sounded as if she perked up when I said my daughter is registered her for school.Could that help at all?

 

[KZimmerman]

My thoughts are

that you need to move on with your's and your daughter's lives and find a place of your own (with your name on the lease or deed). I have been in your situation before and didn't have a leg to stand on. The house was my boyfriend's and even though I paid him rent, it didn't matter. The best thing for you to do is to move out. I moved out and got on with my life and it was the best thing I did for myself.